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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
TUESDAY, DECEMBER 12, 2023
(V) 14373 Marsdale Pl. Side Setback Variance.
The applicant seeks the following development standards variance approval:
3. Docket No. PZ-2023-00266 V Albany Village PUD Ordinance Z-666-21, Section 4.2 Minimum 5-
ft side yard building setback required, 4 to 8-inch encroachment requested.
The site is located at 14373 Marsdale Place (Albany Village Subdivision, Lot 51). It is zoned PUD/Planned
Unit Development. Filed by Angela Murray of Drees Homes.
General Info:
• The Petitioner seeks approval for 4’8” feet and 4’10.5” side yards building setbacks, instead of 5 feet.
• The site is located in Albany Village Subdivision.
• Surrounding this site are single family residential homes.
• A Homeowners’ Association (HOA) does not yet exist, since it is still being built out.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Side Setbacks -
• The PUD Ordinance allows for a minimum of 5-ft wide side yard building setbacks. 4’8” feet and 4’10.5”
side yards building setbacks are requested.
• This is a total variance of 5.5 inches.
• The Planning Dept. has no concern with this minimal variance request.
Remaining Review Comments:
• As of the writing this report, the Petitioner still needs to provide us with copies of the certificate of mailings.
Final Comments:
• The Planning Dept. supports the variance request since it is such a minimal variation.
Findings of Fact:
• Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
• The Dept. of Community Services (DOCS) recommends positive consideration of this variance request, and
with adoption of the Findings of Fact submitted by the Petitioner.